1997-06-03 MinutesSPECIAL MEETING OF THE CITY COUNCIL
TUESDAY- -JUNE 3, 1997- - -7:05 P.M.
Mayor Appezzato called the meeting was convened at 7:05 p.m.
ROLL CALL - PRESENT:
ABSENT:
2
Councilmembers Daysog, Kerr, Lucas, Vice
Mayor DeWitt and President Appezzato - 5.
None.
The special meeting was adjourned to Closed Session to consider:
(97-292) Conference with Labor Negotiator; Agency Negotiator:
Personnel Director; Employee Organizations: Alameda City Employees
Association, Alameda Fire Managers Assoc., Alameda Management and
Confidential Employees Assoc., Alameda Police Managers Assoc.,
Alameda Police Officers Assoc., International Assoc. of
Firefighters, Local #689, International Brotherhood of Electric
Workers, Local #1245, United Public Employees Assoc. #790;
Unrepresented Employees (Bureau of Electricity) Management,
Supervisors, Professionals and Technicians; Housing Authority
Miscellaneous Employees, and Housing Authority Unrepresented
Managers, Confidential.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that the City Council gave instructions to
the City's negotiators to negotiate domestic partner benefits with
bargaining groups of the City of Alameda.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting.
Respectfully submitted,
D ANE B. FELSCH, CMC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
June 3, 1997
SPECIAL JOINT MEETING OF THE CITY COUNCIL
HOUSING AUTHORITY BOARD OF COMMISSIONERS
AND COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - -JUNE 3, 1997- -7:30 P.M.
President Appezzato announced that the meeting as canceled and
rescheduled for June 16, 1997.
Minutes of the Special Joint
City Council, Housing Authority Board
of Commissioners and Community
Improvement Commission Meeting
June 3, 1997
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
Secretary, Community Improvement
Commission
205
MINUTES OF THE REGULAR COUNCIL MEETING
TUESDAY - - -JUNE 3, 1997- - -7:30 P.M.
Mayor Appezzato convened the meeting at 7:45 p.m. The Pledge of
Allegiance was led by Councilmember Lucas.
Reverend Weller gave the Invocation.
ROLL CALL:
CONSENT CALENDAR
PRESENT: Councilmembers Daysog, Kerr, Lucas,
Vice Mayor DeWitt, and Mayor
Appezzato - 5.
ABSENT: None.
Mayor Appezzato announced that certain agenda items were withdrawn
from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. [Items so approved are indicated by an asterisk *
preceding paragraph numbers.]
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(*97-293) Minutes of the Special and Regular City Council Meetings
held May 6, 1997. Approved.
(97-294) Report from Community Development Director recommending
acceptance of the Webster Street Retail Action Plan Report.
Councilmember Daysog stated that he heartily endorses a multi-
cultural-type environment for the Webster Street area.
Councilmember Lucas noted that the Keyser-Martsen report states
non-chain tenants should be targeted, if possible, and commented
that high-income housing should be provided in the West End to
increase diversity.
Councilmember Daysog stated that he supports Councilmember Lucas's
position on high- to middle-class income housing, espcially for
the East Housing area at the former Naval Air Station [Alameda
Point]. Councilmember Daysog also stated that he believes Webster
Street can accommodate both chain and independent tenants.
Regular Meeting
Alameda City Council
June 3, 1997
Councilmember Kerr stated that she does not believe Marina Village
is wiping out Webster Street, and it should be supported as well as
Webster Street; and that sign enforcement on Webster Street should
be given attention and addressed by City staff.
Mayor Appezzato stated that the Staff Report indicates there were
facade improvements on seven (7) properties in the West End.
Councilmember Lucas moved that Council approve the staff
recommendation.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(*97-295) Report from Public Works Director recommending adoption
of Plans, Specifications and Estimates (PS&E) and authorization to
call for bids for Park Street Signal Coordination Project, Phase 2.
Accepted.
(97-296) Report from the Public Works Director recommending that
Council authorize the Mayor to send a letter to the California
Public Utilities Commission supporting action on the Blue and Gold
Fleet partial buy out of Red and White Fleet.
Neil Patrick Sweeney, Alameda, stated that ferry transportation is
important regionally, and suggested that a bullet train be located
at the Oakland Army Base.
Councilmember Lucas moved Council approval of the staff
recommendation.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated that the East End ferry
service was originally a deal between the people buying houses
there and the developer; somehow it has become our ferry service;
some of the things people were going to do to help increase the
East End ferry service was 1) remove the gate from the parking lot
to provide easier access to the ferry, and 2) market the East End
ferry to San Leandro and other cities to increase ridership; and
she urged such things be done before the City takes any further
action, or, at least, in conjunction with the City's action, to
preserve the service.
In response to Councilmember Kerr's comments, the Public Works
Director stated that the developer filed an application to remove
the gate to the parking lot; insofar as ferry marketing, there have
not been major efforts, however, everything possible will be done
to keep the Project moving forward; and the proposal before Council
benefits both ferry services.
Regular Meeting
Alameda City Council
June 3, 1997
In response to Councilmember Kerr's inquiry regarding the N.B.
Dolphin Ferry, the Public Works Director stated that the City does
not plan to purchase said ferry, although if funding becomes
available, it could be negotiated.
Mayor Appezzato stated that Council unanimously supported the East
End ferry at little expense, with the exception of Consultant
costs, and that Council agreed to seek State and federal funding to
operate the ferry.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(97-297) Report from the Public Works Director recommending that
the Council create a citizen committee to develop a program to
encourage voluntary legalization of undocumented construction work
and to extend the City's current Amnesty Program for determining
the number of legal dwelling units in a structure through December
31, 1997.
Gary McAfee, Alameda, commented on contractors working without
permits.
Mayor Appezzato stated that he pulled this item from the Consent
Calendar to announce the names of the individuals who volunteered
to serve on the Citizen Committee: Linda Larkin, Linda Soulage,
Mark Hanna, Mark Wolmack, John Abrate, Ginger Schuler, and Alice
Wheeless.
Councilmember Lucas moved Council acceptance of the Staff Report.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated it is not only rental
units which have undocumented work, and she wants to know that the
private sector is addressed as well.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(97-298) Resolution No. 12884, "Endorsing the Reauthorization of
the Intermodal Surface Transportation Efficiency Act (ISTEA)."
Adopted.
Councilmember Kerr stated that she pulled this item from the
Consent Calendar in order to address the letter to Commissioner
Gregor Conlon previously discussed, and moved adoption of the
resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
Regular Meeting
Alameda City Council
June 3, 1997
208
(*97-299) Ratified bills in the amount of $1,447,014.52.
REGULAR AGENDA ITEMS
(97-300) Public Hearing to Consider Placement of Residential
Recycling Fees on Property Tax and Tabulation of Majority Protest
Ballots, and Resolution Approving Residential Recycling Fees and
Ordering Levy and Collection by the County of Alameda Upon the
Property Tax Rolls. Resolution not adopted.
Mayor Appezzato requested the City Attorney to summarize
Proposition 218 and the purpose of the Protest Hearing.
The City Attorney summarized Proposition 218 which was approved by
the voters in November, 1996, and discussed process and procedure.
The Public Works Director explained the mandates on recycling
levied by the State of California and the County.
Mayor Appezzato stated the implementation of financial policies
within a community must be approved by the voters from hereon. The
Mayor read the following statement: "Over the last forty-five days
residential property owners have been afforded an opportunity to
file a protest ballot with the City Clerk; protest ballots will
continue to be accepted up and until the close of the public
comment portion of the public hearing. Should any member of the
public wish to withdraw their earlier protest, they may do so at
anytime prior to the close of the public comment period. The City
has retained the services of NBS Government Finance Group to count
the ballots in order to assure the impartiality of the protest. The
ballots are now in control of the NBS Government Finance Group at
the front of the room, and they will be counted in full view of the
public at the completion of the public comment portion of the
public hearing."
Mayor Appezzato opened the public portion of the Hearing.
On the call for opponents, the following persons spoke:
Jean M. Love, Alameda
William M. McCall, Sr., Alameda
Toby C. Berger, Alameda
Beverly Williams, Alameda
Richard Roth, Alameda
Conroy Kenneth, Alameda
Marty Frates, Alameda
Gayle Winterbauer
Don L. Dostal, Alameda
Betty Stanley, Alameda
Doris Chow, Alameda
Charles Thoss, Alameda
Regular Meeting
Alameda City Council
June 3, 1997
Clarence M. Kennedy, Alameda
P. Deschnev, Alameda
Angelo Ghigliazza, Alameda
M.J. Dunlap, Alameda
Andrew McCormack, Alameda
Susan McCormack, Alameda
Margaret Roberts, Alameda
John Barni, Jr., Alameda
Eve Roverson, Alameda
Darlene Banda, Alameda
Leslye Robey, Alameda
Jay Levine, Alameda
C. Adair Roberts, Alameda
Nancy Meadows, Alameda
Monica Russell, Alameda
Joe Russell, Alameda
Meredith Howard, Alameda
Don Roberts, Alameda.
On the call for proponents, the following person spoke:
Allen Derr, Alameda.
* * *
Mayor Appezzato closed the public portion of the Hearing, and
requested the City Clerk to have the protest ballots counted.
* * *
Council recessed at 10:32 p.m. while the ballots were being
counted, and reconvened at 11:22 p.m.
* * *
The protest ballots were counted by the NBS Government Financial
Group, and reported a count of 3,635 protest ballots.
Councilmember Daysog stated that he does have some qualms regarding
the process; the deepest qualm is regarding the attachment of a
lien; no one should be at risk of losing their home because they
did not pay their recycling fee; and he cannot support placing the
fee on the property tax rolls.
The Mayor inquired if Councilmember Daysog was suggesting that the
matter be sent back to Committee for review of direct billing and
the contract process.
Councilmember Daysog responded that he would support Council
sending the matter back to the Recycling Committee.
Regular Meeting
Alameda City Council
June 3, 1997
2i0
Councilmember Lucas stated perhaps the matter should be returned to
the Committee, and brought back to the Council with the Committee's
recommendation and exact increase of cost [for direct billing].
The City Attorney stated that the protest tonight technically
failed; however, the City Council does have the option of not
imposing the fee on the Property Tax bill; the Council has the
discretion to reconsider any prior decision; if Council determines
to choose direct billing, that action may be accomplished by a vote
of the Council.
Vice Mayor DeWitt stated that there are a number of people who
believe in placing the fee on the Property Tax bill, however, he
will go with direct billing.
The Mayor stated that it is the first time the City has had to deal
with Proposition 218; staff has done the best it can; there are
other cities dealing with it; and the Courts will have decide
whether they are right or wrong.
Councilmember Kerr stated that a true ballot has a yes and a no on
it; she was concerned when she received her protest form in the
mail: the only return address was the Public Works Department -
Alameda, nothing on the envelope stated that the contents included
a ballot and the matter would affect property taxes, and there were
no rebuttal arguments included in the material; she was led to
believe it was going to be a secret ballot, and it was not; both
sides must be given an opportunity to express their opinions; and
she never wants to see this happen again as a method of determining
what goes on the property tax bills.
Mayor Appezzato stated that he hears the majority wants to send the
matter back to Committee to look at direct billing, pricing, and
review of the Contract.
Vice Mayor DeWitt stated that he definitely did not want another
election on the matter.
Councilmember Lucas stated that she agrees that direct billing must
be reviewed; she is concerned about long-term postponement, and
suggested the Committee inform Council on how long a recommendation
would take.
Chair Ruth Abbe stated that the Committee would have to renegotiate
with San Leandro Recycling to have direct billing included in the
Contract, which would take two- to four weeks.
Mayor Appezzato stated that the Committee should hold public
hearings so everyone can be heard and voice their opinions.
Regular Meeting
Alameda City Council
June 3, 1997
211
Councilmember Lucas moved that the matter return to Council as soon
as possible after the Committee has a recommendation.
Vice Mayor DeWitt seconded the motion, which carried unanimously by
voice vote - 5.
* * *
The Council recessed at 11:34 p. m and reconvened at 11:35 p.m.
* * *
(97-301) Public Hearing to Consider Resolution No. 12885,
"Confirming the Business Improvement Area Report for FY 1997-98 and
Levying an Annual Assessment on the Alameda Business Improvement
Area of the City of Alameda for Fiscal Year 1997-98." Adopted.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas second the motion, which carried by unanimous
voice vote - 5.
(97-302) Status Report from Community Development Director on Auto
Row. [This item was held over.]
(97-303) Report from Personnel Director recommending approval of
Contract for City Medical Services.
Vice Mayor DeWitt moved approval of the staff recommendation.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(97-304) Report from the Public Works Director recommending the
naming of a facility at Alameda Point as "The O'Club and Conference
Center at Alameda Point."
Gerhard Degemann, Alameda, expressed support for the
recommendation.
Mayor Appezzato suggested that staff work with Marion Holt on
finding a suitable building to name in remembrance of her father,
John J. Mulvaney.
Vice Mayor DeWitt moved approval of the staff recommendation.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(97-305) Report from Public Works Director on history and policy of
Regular Meeting
Alameda City Council
June 3, 1997
212
the Electric Vehicle Corridor. (Councilmember Kerr)
Councilmember Kerr stated it is time to look at the Corridor; any
width of easement that is determined on Atlantic Avenue will affect
any connection that follows the old Atlantic Avenue; in the General
Pan there is a proposal for an electric light rail system running
down Webster Street, Encinal Avenue, Park Street, across the Bay
Farm Island Bridge to Bay Farm Island; there should be coordination
between the Electric Vehicle proposals being proposed by the
Consultant to the Alameda Reuse and Redevelopment Authority, and
other plans; and moved that the City Council send the matter to the
Planning Board with any recommendations that are included by
Councilmembers.
Mayor Appezzato stated a light rail system might be exorbitant, but
an electric vehicle corridor sounds like a good idea.
Councilmember Kerr stated that the whole system needs to be
reviewed at a study level initiated by the Planning Board, and
moved that the matter be sent to the Board.
Councilmember Lucas seconded the motion
Under discussion, Vice Mayor DeWitt stated that he is interested in
eliminating a portion along Atlantic Avenue.
Councilmember Kerr stated that many communities, particularly
retirement communities, have golf cart paths; the easements allow
two-way traffic which is easy for senior citizens; and if paths are
connected with the ferry terminal, there would be less parking
requirements.
Mayor Appezzato stated that the Planning Board should also address
the financial implications.
On the call for the question, the motion carried by unanimous voice
vote - 5.
COUNCIL COMMUNICATIONS
(97-306) Councilmember Kerr announced that Sunday, June 7th, is the
area-wide Community Garden Day and stated the Alameda Community
Garden is holding an open house from 10 a.m. - 4 p.m.
(97-307) Councilmember Kerr requested that the matter of
homeownership goals be placed back on the agenda.
(97-308) Councilmember Lucas requested the City Manager to review
the advantages of a City Employee Community Walk.
Regular Meeting
Alameda City Council
June 3, 1997
(97-309) Mayor Appezzato requested staff to publicly announce that
the City is looking for individuals interested in serving on the
Mayor's Ad Hoc Task Force on Homeownerhip, including renters,
property owners and those with financial backgrounds.
Adjournment
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 11:55 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
June 3, 1997